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[接上页] (ii) the amount obtained by deducting from its gross premium income the amount of any premiums payable by the company in respect of reinsurance;(ba) in the case of a company carrying on or intending to carry on business as a captive insurer, the net premium income of such company in any financial year shall be the amount obtained by deducting from its gross premium income the amount of any premiums payable by the company in respect of reinsurance; (Added 29 of 1997 s. 4) (bb) in the case of a company carrying on or intending to carry on business as a captive insurer, the net claims outstanding of such company as at the end of a financial year shall be- (i) where no class of the general business of the company is accounted for on a fund accounting basis, the aggregate of the following- (A) the amount of claims outstanding after deducting any amount recoverable from reinsurers thereon; and (B) the additional amount for unexpired risks;(ii) where all classes of the general business of the company are accounted for on a fund accounting basis, the fund; or (iii) where part of the general business of the company is accounted for on a fund accounting basis, the aggregate of the following- (A) in respect of that part, the fund; and (B) in respect of the other part of that business- (I) the amount of claims outstanding after deducting any amount recoverable from reinsurers thereon; and (II) the additional amount for unexpired risks; (Added 29 of 1997 s. 4) (c) the gross premium income of a company in any financial year shall the amount of premiums receivable in that financial year in respect of all insurance business other than long term business; (d) the relevant claims outstanding of a company as at the end of a financial year shall be- (i) where no class of the general business of the company is accounted for on a fund accounting basis, the aggregate of the following- (A) an amount equal to 50% of the claims outstanding before deducting any amount recoverable from reinsurers thereon, or the amount of claims outstanding after deducting any amount recoverable from reinsurers thereon, whichever is the greater; and (B) the additional amount for unexpired risks;(ii) where all classes of the general business of the company are accounted for on a fund accounting basis, the fund; (iii) where part of the general business of the company is accounted for on a fund accounting basis, the aggregate of the following- (A) in respect of that part, the fund; (B) in respect of the other part of that business- (I) an amount equal to 50% of the claims outstanding before deducting any amount recoverable from reinsurers thereon, or the amount of claims outstanding after deducting any amount recoverable from reinsurers thereon, whichever is the greater; and (II) the additional amount for unexpired risks; (Added 35 of 1996 s. 5)(e) "additional amount for unexpired risks" (未过期风险的额外款额), "claims outstanding" (未决申索) and "fund" (基金) have the meanings respectively assigned to them in paragraph 1(1) of Part 1 of the Third Schedule. (Added 35 of 1996 s. 5)(5) In subsection (4)(a) and (c) "premiums receivable" (可收取保费), in relation to a financial year, means the premiums paid or payable to an insurer in respect of contracts written or renewed in that financial year before deducting commissions of agents or brokers but after deducting any discounts specified in policies or refunds of premiums made in respect of any termination or reduction of risks. ___________________________________________________________________ Note: * For transitional provisions affecting this section and any subsidiary legislation made thereunder, see 35 of 1996 s. 34. Cap 41 s 11 Appeal against refusal of authorization under section 8(2) (1) Where the Insurance Authority refuses to authorize a company under section 8 on the ground (or, if more than one, on grounds which include the ground) that any person as mentioned in subsection (2) of that section is not a fit and proper person to hold the position held by him, the Insurance Authority shall notify the company in writing of that fact and the name of the person whose fitness is in question. (2) Where notice of a refusal is given to a company under subsection (1), a copy thereof shall at the same time be sent by registered post to the person whose fitness is in question; and if the company or that person is aggrieved by such refusal the company or that person may, within 1 month from the date of the notice, appeal in writing against such refusal so far as it is based on section 8(2) to the Financial Secretary, who shall review the Insurance Authority's reasons for such refusal and whose decision shall be final; but his decision shall not affect such refusal so far as it is based on any additional ground under section 8(1)(b). (Amended 41 of 1987 s. 3) (3) Where the Insurance Authority refuses to authorize a company under section 8(1)(b)(ii), the Insurance Authority shall notify the company in writing of that refusal. (Added 41 of 1987 s. 3) |